Appendix 1

Peak District National Park Protected Species Form

The Peak District’s wildlife is a valued characteristic that is important to local people and visitors alike. One of the statutory duties of the National Park Authority is to conserve this natural heritage for future generations to enjoy. The Protected species form will both speed up the planning process for applicants and assist in wildlife conservation.

Applications for Planning, listed building and conservation area consent will not be registered unless the form is received fully completed and signed by the applicant or agent.

Please include the completed form with your planning application using the notes (page 2) and the flow diagram (page 3) to help you.

| Name of Applicant: | Name of Agent: | |--------------------|----------------| | Mrs H. Middleton | Mr N Ormondroyd|

| Address of Applicant: | Address of Agent: | |-----------------------|-------------------| | 18 Michlow Drive | Nidd Design | | Bradwell | 14 Pannal Ash Close| | Derbyshire | Harrogate | | S33 9GA | North Yorkshire | | | HG2 9AE |

| Address of Proposed Development: | |----------------------------------| | 18 Michlow Drive, Bradwell, Derbyshire S33 9GA |

| Brief Description of Nature of Proposed Development: | |-----------------------------------------------------| | Rear conservatory extension |

Tick Boxes that apply

I have read the information in this document on Protected species and do not believe a Protected species survey is required for the application.

☐ (i) the proposed development is not a type listed in Box 1 or 2.

☐ (ii) other reasons - Please specify and attach supporting information (photographs, historical documents etc). Please note if you tick this box the registration of your application will be delayed while confirmation checks are made.

OR I have read the enclosed guidance and the proposed development is listed in Box 1 and/or 2 as one which may have an impact on a Protected species.

☐ I enclose a relevant Protected species survey and mitigation report (where presence is confirmed).

N. Ormondroyd

Signature of applicant or agent: .................................................................

Date: ...........................................................................................................

Development Control Services: National Park Office, Baslow Road, Bakewell DE45 1AE. Tel 01629 816200 Protected species form accompanying notes

A high standard of development is easier to achieve if planning applications are of a high standard including background information and detailed plans. The Local Plan (www.peakdistrict.org) (sections 2.11 and 2.12) sets out the Authority’s requirements with regard to the standard of planning applications. Existing planning policies already guide applicants to the need to consider particular wildlife characteristics on a given site. This note explains the process of survey and analysis that will be required where important species are identified. Where these matters have not been adequately considered within the submitted planning application the Authority will require further details to be submitted before the application can be formally registered.

Within the National Park certain species (see Boxes 1 and 2 on page 4) enjoy statutory Protected species status under UK National and European legislation. All, and in particular bats, may be affected by new development. The presence of a Protected species is a material consideration in the decision making process and therefore the planning system has an important role in their conservation.

The underlying principle of the Peak District National Park’s process is to seek Protected species surveys only where the Authority believes that a Protected species is likely to be affected.

1. Key aims of the new procedures

- To ensure that measures to conserve Protected species are taken through the planning process.
- To help ensure that applicants do not breach Protected species legislation by addressing this as part of the planning process and to prevent unexpected interruptions to building works due to Protected species being found once applications have been approved.
- To minimise the cost of surveys to applicants by ensuring only the most likely cases require surveys.
- To speed up the application process for applicants.

2. What you need to do

The first step is deciding if a proposed development will affect any Protected species or their habitats. In most cases there will be no impact, but bats and other Protected species can be present in certain properties and not evident without the use of specialised survey techniques.

For all the developments listed in Box 1 an appropriate Protected species survey by a suitably qualified ecologist will normally be required. This is because the Park Authority needs to be aware of the possible impact of the work on any Protected species. A list of ecological consultants able to undertake such work is available from the PDNPA (there may also be others in the area). The PDNPA will need to be satisfied that the survey is adequate. All surveys will therefore need:

- Evidence that they have been carried out by a competent and suitably qualified person (generally someone holding a Protected species licence) and that appropriate technique, time and care has been taken to determine the presence of Protected species and signs of their use.
- If Protected species are found the location within the site, a description of the nature of their use, the likely impact of the proposed development and an appropriate mitigation plan.

Do not attempt to exclude or remove Protected species you may be breaking the law. Experienced surveyors can often tell if a Protected species has been present.

Two copies of the survey should be submitted with the application forms. An additional copy of the report should be sent directly to the local English Nature office.

For all developments listed in Box 2 a Protected species survey may also be required. You are advised to contact the PDNPA Ecology Team for further advice. PROTECTED SPECIES AND PLANNING PROPOSALS - WHAT YOU NEED TO DO

START HERE

Is a Protected species likely to be affected, according to the National Park Authority’s criteria (see Boxes 1 & 2 on page 4)

Yes

You should submit a Protected species survey (see Practice note for what is required) with your application.

The Authority will check the adequacy of the survey.

Survey adequate

Your application will be considered. If Protected species are present, conditions may be attached. In exceptional circumstances, where Protected species cannot be adequately safeguarded, an application may be refused.

Survey not adequate

You will be invited to withdraw your application and resubmit with an adequate survey. If not withdrawn, your application may be refused on the grounds of inadequate information.

Yes but you think a survey is unnecessary for other reasons

You should submit evidence of why you think a survey is unnecessary with your application.

The Authority will check whether we think a survey is needed.

Survey needed

Your application will be considered. If Protected species such as bats are found during course of work, you must stop work and consult English Nature for further advice.

Survey not needed

No Protected species survey required - submit application

No

If a Protected species is present you may need to apply for a Protected species licence to carry out work, even if you have planning permission. You should seek advice from your consultant on this. Box 1 Developments with a possible impact on bats or barn owls

(A) Houses built before 1939 - Changes affecting the roof (e.g. house extensions, loft conversions, re-roofing, etc) or demolitions (B) Barns and other traditional buildings - Changes to or demolition of other buildings built before 1939. (C) Buildings with complex roof structures of any age - Changes or demolitions to buildings such as schools, offices, hostels, pubs and hotels, hospitals etc. (D) Developments to listed buildings (E) Developments involving the loss of mature trees (F) Developments affecting buildings where bats and owls are known to be present

Exceptions to A - D only (where a Protected species survey is not required)

Isolated upland buildings or those more than 200m from the nearest trees Buildings with missing or metal/prefabricated sheet roofs Recently re-roofed buildings (last 10 years) Porches or other minor structure applications and minor changes to existing roofs Active industrial premises

Box 2 Developments with a possible impact on great crested newts, otters, breeding birds and water voles

(A) All disturbances to rivers, streams, canals, ditches, lakes, ponds and other aquatic habitats. (B) All disturbances to hedgerows, scrub (10 or more bushes) or woodland.

3. What if a Protected species is found?

If Protected species are found by your ecological surveyor they must include details of MEASURES TO AVOID, MITIGATE OR COMPENSATE FOR POTENTIAL HARM TO THESE SPECIES with the report. This depends on the species found and extent of use but generally it will include recommendations on the timing of operations, the methods used and additional recommendations on how wildlife habitats can be incorporated into the final design.

The presence of a Protected species need not detrimentally affect the potential to gain planning permission. The PDNPA planning officers will consider the surveyors recommendations in assessing your application. You may have to make some changes to your initial plans and/or apply for a DEFRA Licence to allow works to proceed. In the majority of cases, however, Protected species can be accommodated within development proposals.

Please note that the species listed and their roosts/breeding sites are protected from destruction or disturbance by the law, irrespective of planning permission. This includes intentional and reckless disturbance (reckless disturbance includes the failure to follow advice regarding known roosts). Only licensed workers are allowed to disturb or handle bats and great crested newts and a licence is required from Defra to enter or a known bat roost. Breeding birds are also protected by law.

For further information on the need for Protected species surveys and booklets on bats, badgers or great crested newts, telephone 01629 816383 Appendix 2: Useful contacts

Local and national contacts

English Nature Peak District & Derbyshire Team, Endcliffe, Deepdale Business Park, Ashford Road, Bakewell DE45 1GT Tel 01629 816640; e mail peak.derbys@english-nature.org.uk

The PDNPA Ecology Team and Development Control Services: National Park Office, Baslow Road, Bakewell DE45 1AE. Tel 01629 816200. Web site: www.peakdistrict.org for application forms and other information

Derbyshire Bat Group www.batsinderbyshire.org.uk

Bat Conservation Trust, 15 Cloisters house, 8 Battersea Park Road, London SW8 4BG Tel 0845 1300228 www.bats.org.uk

Appendix 3: Essential reading

English Natures Bat Mitigation guidelines. Downloadable from www.english-nature.org.uk or for paper copies phone 01733 455101

Bat workers Manual, JNCC 2004 A.J. Mitchell Jones and A.P. Mcleish

Habitat management for bats, JNCC, 2001

Bat Conservation Trust, 2002, Bats and Buildings in the UK

Peak District National Park Local Plan, Adopted March 2001

Peak District National Park Structure Plan, Adopted 1994

Planning Policy Statement 9: Biodiversity and Geological Conservation, ODPM August 2005

Government Circular: Biodiversity and Geological Conservation – Statutory obligations and their impact within the planning system, ODPM circular 06/2005 – Defra circular 01/2005

Acknowledgements

The Peak District National Park Authority is very grateful to English Nature and the RSPB for granting permission for the use of line drawings in the production of this Practice note. The Peak District National Park Authority would also like to thank English Nature and Derbyshire Bat Group for their help and advice.

Produced by the Peak District Park Authority August 2005